5 Fair Reasons for Dismissal

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employee

Being dismissed from your employment is never an enjoyable experience. It’s not easy for the employer or the employee, but it is sometimes necessary. A fair dismissal requires reasonable investigations into why the dismissal is necessary. Usually, the employee attends a formal hearing and is given chance to give their side of the story.

There are a number of fair reasons why you might be dismissed by your employer. However, if you feel you have been wrongfully or unfairly dismissed, you should contact a wrongful termination attorney who can work with you to make a claim to gain compensation for your losses.

Here are five fair reasons why you might be dismissed from your job.

Misconduct

Misconduct can either be general, serious, or gross in the workplace or outside of the workplace. Minor misconduct includes poor time management, bullying, or unexplained absence at work. It also includes poor conduct outside of work, such as posting negative or harmful things on social media.

If the misconduct persists, you can be given a first and final warning. After this, you may be dismissed on the grounds of misconduct if you fail to change your behaviour.

Gross misconduct involves more serious issues like stealing or violence. In these cases, you will be immediately dismissed without prior warnings.

Capability

If you become incapable of performing your job correctly, whether that is due to ill heatlh or being unwilling to work, you may be dismissed by your employer. Usually, your employer will offer alternatives, such as reducing your work hours or offering additional support, before they proceed with a dismissal.

Alongside the dismissal process, the employee will be offered time to improve with extra support and training.

Redundancy

Redundancy may be necessary if

  • The business you work for is closing down
  • Your employer requires less employees for their work
  • If your role is no longer required
  • There is a change in location

If you are dismissed on the grounds of redundancy, you will be informed up to months prior to its completion. The redundancy must always be justified and genuine. You must then try to find alternative employment either within or outside the company.

Statutory Illegality

This is a less common reason for dismissal but statutory illegality is where continuing your employment can lead to breaking the law. For example, if you do not possess a legal right to work, you will be subject to dismissal.

Some Other Substantial Reason (SOSR)

SOSR covers everything that does not fit within the other four categories. There are a number of other legal and fair reasons why you might be dismissed from your job including the following.

  • Expiration of a temporary or fixed term contract
  • Changes in the terms and conditions of the contract that you don’t agree with
  • When there is a significant conflict of interest
  • Significant clashes of personality

Although there is no official definition of this category, your employer must have a solid reason before they dismiss you based upon SOSR. The same disciplinary process must be undertaken to ensure the dismissal is fair.